TERMS OF SERVICE | PRIVACY POLICY | DATA PROCESSING ADDENDUM | CODE OF CONDUCT
Data processing addendum
BY ACCEPTING THIS DATA PROCESSING ADDENDUM OR ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS DATA PROCESSING ADDENDUM.
IF YOU ARE USING ANY CLOUD OR PROFESSIONAL SERVICES PROVIDED BY EFECTE AS AN EMPLOYEE, AGENT, OR CONTRACTOR OF A CORPORATION, PARTNERSHIP OR SIMILAR ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO SIGN FOR AND BIND SUCH ENTITY IN ORDER TO ACCEPT THE TERMS OF THIS AGREEMENT. THE RIGHTS GRANTED UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL.
This Data Processing Addendum (“DPA”) is entered into by the Parties set out below in connection with the Agreement, including the Terms of Service, under which Efecte provides services, systems, any deliverables or other activities to the Customer through a Partner, including agreements under which Efecte provides Cloud and/or Professional Services (all such agreements jointly the “Agreement”). This DPA forms an integral and inseparable part of the Agreement and specifies the obligations of the Parties when Efecte is acting as Processor on behalf of the Customer.
Efecte may modify this Data Processing Addendum by notifying the Customer in writing at least 30 days in advance.
The “Effective Date” of this DPA is the date which is the earlier of (a) Customer’s initial access to any Cloud Service through any online provisioning, registration or order process or (b) the effective date of the first Purchase Order, as applicable, referencing this DPA.
This DPA is entered into by and between Efecte Finland Oy, a limited liability company established under the laws of Finland (“Efecte" or “Processor”) and the person or entity placing an order for or accessing any Cloud Services or Professional Services from Efecte through an authorized Partner (“Customer” or “Controller”). Processor and Controller are individually referred to as “Party” and collectively as “Parties”. In consideration of the terms and conditions set forth below, the parties agree as follows:
1 Definitions
“Data Subject” means a natural person whose Personal Data is processed by Efecte under the Agreement and this DPA.
“GDPR” means the General Data Protection Regulation (EU) 2016/679 and any amendments thereto.
“Partner” means the legal entity identified as the reseller of Cloud Services or Professional Services in the Agreement.
“Personal Data” means any information relating to an identified or identifiable natural person, and which Efecte is processing under the Agreement or otherwise, and of which the Customer is a Controller.
“Personal Data Breach” means a breach of security leading to destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed, which is adverse to this DPA or Data Protection Regulation or otherwise unlawful.
“Services” means the services, systems, any deliverables and other activities supplied by or on behalf of Efecte to the Customer pursuant to the Agreement.
“Controller”, “Processor”, “Process”, “Processing” and “Supervisory Authority” shall have the meaning set forth in the GDPR.
2 Purpose, scope and nature
3 Customer's general responsibilities
4 Efecte's general responsibilities
5 Data security
6 Subcontractors
6.1 Efecte shall have the right to use subcontractors in Processing Personal Data when the Customer has approved such subcontractors. On the effective date of this DPA, the Customer has agreed to use of the following subcontractors:
Company name |
Business ID |
Scope of processing |
Country |
Address |
Equinix (Finland) Oy |
0109023-9 |
Data center and capacity services |
Finland |
Hiomotie 32 |
giosg.com Oy |
2388009-8 |
Multiroom chat provider |
Finland |
Valimotie 21 |
Applixure Oy |
2507933-3 |
Applixure IT monitoring and management software provider |
Finland |
Arabiankatu 12 |
Culinar Oy (ultimate.ai) |
2634505-8 |
Chatbot provider |
Finland |
Lapinlahdenkatu 16 |